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Criminal enforcement & compliance

Our criminal enforcement and compliance team focuses on criminal law and regulatory measures in the context of business activities and advises and assists private entities (large companies, financial institutions, etc.) and governmental agencies, as well as individuals including (but not exclusively) corporate directors and executive officers.

Advice is given on a broad variety of legal issues that may arise, but also on how to proactively implement and support business policies aimed at prevention of criminal issues (risk analysis, criminal due diligence and compliance programmes for companies, management and employees).

The team offers assistance and representation in criminal litigation for both (alleged) offenders and victims of criminal offences, during the course of criminal investigations (preparing for depositions) as well as in actual court proceedings. Our approach is solution-oriented, taking into account the client's main concerns when proposing alternative solutions and options.

Proceedings regarding criminal matters before the Belgian Court of Cassation, the Constitutional Court, the European Court of Justice and the European Court of Human Rights are part of our practice. The team has also built up considerable experience with respect to mutual legal assistance in criminal matters.

Issues dealt with on a regular basis include alleged forgery, private bribery/corruption, bankruptcy offences, abuse of company property, (financial) fraud, money laundering, IT offences including cybercrime, insider trading and market manipulation, specific violations of corporate law rules, trade practice offences, criminal tax offences and tax fraud (including contravention of customs regulations), criminal offences in the context of social security and employment legislation and environmental legislation, and violation of professional secrecy.

Common criminal offences involving public or private business entities or their representatives are also dealt with, e.g. in connection with criminal proceedings relating to industrial accidents resulting in physical injuries or fatal accidents.

Key in the handling of these cases is the constant synergy with other Eubelius teams to ensure in-depth legal and practical knowledge in all areas of day-to-day business life.

Furthermore, our criminal enforcement and compliance team also specialises, often in collaboration with our tax team, in assisting clients in voluntary regularisation efforts in order to avoid (further) criminal proceedings and sanctions.

The team has excellent contacts with highly qualified colleagues abroad to ensure cross-border follow-up of proceedings and exchange of experience and knowledge.

Some of our references:

Proceedings before the Court of Justice of the EU on the compatibility of a Belgian statute with the Services Directive

Representation of a major private investor in an insider trading prosecution by the FSMA and the SEC

Compliance and legal representation of a global Internet Service Provider on data retention and privacy issues

Legal assistance to a General Counsel accused of assisting in money laundering of more than 1 billion EUR

Legal assistance and representation of a regional government body in several cases of subsidy fraud

Representation of a major financial institution in a complaint regarding fraud in the amount of 13,000,000 EUR

Legal representation of two former CEO’s of two international banks in an anti-money laundering and tax evasion prosecution

Assistance to a major freight carrier accused of transporting and dumping hazardous waste

Representation of an investment company and service provider regarding alleged breaches of environmental law

Successfully defended a food chain supplier in a supposed breach of safety and compliance regulation